SB41 Alabama 2011 Session

Summary

Primary Sponsor

Del Marsh

Republican

Session

Regular Session 2011

Title

Child support, delinquent amounts, court authorized to waive interest upon agreement of parties, Sec. 30-3-6.1 am'd.

Summary

SB41 would let an Alabama court waive interest on delinquent child support if both parents agree in writing, adding a new option alongside existing rebates.

What This Bill Does

The bill allows the court to waive currently owed interest on delinquent child support when both the paying parent and the recipient agree in writing to the waiver. It preserves existing rebate options, which require either paying past-due plus 12 months of current payments or following a repayment plan for 12 months plus 12 months of current payments. If a rebate is granted and later contempt is found for nonpayment, the court can reinstate the rebated interest. The changes apply to all child support orders, whether issued before or after August 1, 2004; the law would take effect on the first day of the third month after passage.

Who It Affects

• Parents who owe delinquent child support (obligors) who may have interest waived or rebates granted if both parties agree in writing.
• Parents who receive child support (obligees) who must agree in writing to any rebate or waiver and thus participate in the mutual decision.

Key Provisions

• Allow a court to waive currently owed interest on delinquent child support upon mutual written agreement of both the paying parent and the recipient.
• Maintain existing rebate options: (1) past-due amount paid and current payments for 12 months, or (2) a repayment agreement with 12 months of payments plus 12 months of current payments, with written agreement on the rebate amount.
• Include a provision that interest rebated can be reinstated if there is a later contempt finding for nonpayment; applies to all orders before or after August 1, 2004.
• Effective date: the act takes effect on the first day of the third month following passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law